PABLO, MONTANA 59855 ISSN: 0528-8592
VOLUME 10 NUMBER 1
NEW MOON OFTHE BITTERROOT
MAY 1,1980
TRIBES FARE BADLY IN THREE COURT CASES
April was not a good month for the Confederated Salish and Kootenai Tribes in the courtroom.
First, the Friedlander hunting case was dismissed when the prosecution (the Tribes) couldn't subpeona its important out-of-state non-Indian witnesses. (See story in the last issue.)
Next, the complex seven-year-old Namen case went against the Tribes when U.S. District Court Judge William Jameson decided that the plaintiffs (the Tribes) had not proven their allegations against Poison marina owner Jim Namen and his co-defendant, the City of
Poison.
With the United States acting as an intervening plaintiff, the Tribes had charged: "1. That the defendants were in trespass 'to the extent that they maintain and have erected buildings and structures beyond the high water mark elevation of 2,983.2 of Flathead Lake'.
"2. That defendants were in trespass to the extent that the defendants' buildings were more extensive in size than was permissible under federal common law or was necessary to gain access to
City Of Poison Accused Of Civil Rights Violation
PABLO — The Federal Bureau of Investigation has been asked to investigate a complaint that the city of Poison violated the civil rights of a 72-year-old member of the Confederated Salish and Kootenai Tribes.
According to Richard Whitesell, superintendent of the Flathead Agency of the Bureau of Indian Affairs, the FBI was notified Monday of the Indian Civil Rights Act complaint.
The complaint stems from a March 12 incident during which the elderly man was allegedly left lying unconscious along a street in downtown Poison for at least 40 minutes after being observed by a Poison police officer.
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Flathead Lake, or interfered with navigation on the south half of the lake.
"3. That by maintaining the buildings and structures, defendants were 'interfering with plaintiffs' treaty fishing rights and with the boating and fishing rights of plaintiffs' permittees'.
"4. That defendants were aiding and abetting non-tribal members in the unauthorized use of tribal resources by permitting non-tribal members to use defendants' buildings and structures for pleasure boating and fishing in violation of tribal ordinances.
"5. That defendants' building and structures were used 'in such a manner as to degrade the water quality of the south half of Flathead Lake' (Continued on page 13)
INSIDE THIS ISSUE:
Guest Editorial..........................Page 2
Letters to the Editor.......................Page 6
Health Corner...........................Page 9
Dog Ordinance.........................Page 12
Calendar...............................Page 13
Minutes................................Page 14
Tribal Budget Report....................Page 19